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Tag: pre-GST

GST ArticlePre-GST

Failure to discharge statutory duty/obligation by the refund sanctioning authority would be entitled to interest

byCA Bimal Jain28/12/202228/12/2022

The Hon’ble Karnataka High Court in M/s. Al Tisource Business Solutions Pvt. Ltd. v. Deputy Commissioner of Central Tax, GST Commissionerate, Bengaluru [Writ Petition No.459 of 2022 (T-RES), dated November 10, 2022] set aside the order passed by the Deputy…

GST ArticleHigh Court

Assessee allowed to take reimbursement of additional GST liability on contract/work order awarded in pre-GST regime

byCA Bimal Jain26/12/202226/12/2022

The Hon’ble Chhattisgarh High Court in M/s Gordhandas Gobindram v. State of Chhattisgarh [WPC No. 5471 of 2022 dated December 20, 2022] allowed the petition filed by the assessee to seek reimbursement of the additional tax liability on implementation of…

GST in Media

Settlement Commission to settle Show Cause Notice issued

byAdmin24/12/202224/12/2022

Customs, Central Excise & Service Tax Settlement Commission has been constituted as an Alternative Dispute Resolution Mechanism for expeditious settlement of Show Cause Notices issued under Customs Act/Central Excise Act/Service Tax.

GST ArticlePre-GST

Payment of one-time premium was not chargeable to tax under Service Tax under Renting of Immovable property

byCA Bimal Jain26/11/202226/11/2022

The CESTAT bench of Ahmedabad (“the Tribunal”) in the case of Gujarat Power Corporation Ltd. v C.C.E. & ST (Service Tax Appeal No. 10193 of 2017) dated November 18, 2022 held that payment of one-time premium under renting of immovable…

GST in Media

Supreme Court dismisses review petition on pre-GST state tax on lotteries

byAdmin18/11/202218/11/2022

The Supreme Court has dismissed a petition to review its decision to allow states to impose tax on lotteries of other states in the pre-goods and services tax (GST) era. The apex court had earlier set aside orders by division…

Judgment-Orders

IT Services provided by Assessee to Associate Company in USA amounts to Export of Service: CESTAT

byAdmin14/06/202214/06/2022

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) and Raju (Technical Member) has ruled that IT services provided by the assessee to the associate company in the USA amount…

Judgment-Orders

No Limitation applicable for Refund amount lying with Dept. having the Nature of Revenue Deposit: CESTAT

byAdmin14/06/202214/06/2022

The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) has ruled that the limitation applicable for refund amount lies with the department having the nature of revenue deposit. The appellant/assessee…

Judgment-Orders

Just because the ratio for payment of Service Tax not adhered to, assessee not liable to pay double tax as penalty: Karnataka HC

byAdmin05/06/202205/06/2022

The Karnataka High Court has ruled that merely because the ratio in which service tax was required to be paid by the service recipient and the service provider was not strictly adhered to, the assessee cannot be made liable to…

GST in Media

States gained Rs 49k crore when fuel prices rose, have room to cut VAT: SBI

byAdmin01/06/202201/06/2022

States have room to cut value added tax (VAT) on petrol and diesel as they gained Rs 49,229 crore from VAT revenue on fuel when oil prices were increasing and will forego Rs 15,021 crore now that retail prices have…

Judgment-Orders

CENVAT Credit cannot be denied on removal of goods from the place of removal up to customer’s place

byAdmin07/05/202207/05/2022

The CESTAT, Ahmedabad in Phillips Carbon Black Limited v. C.C.E. & S.T.-Vadodara-(ii) [Excise Appeal No. 10243 of 2019 dated April 29, 2022] set aside the order denying the CENVAT Credit to the assessee in respect of outward Goods Transport Agent…

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